Ordinance 81-2258ORDINANCE NO. 81-2258
AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA
REGULATING THE POSSESSION OF FIREARMS WITHIN THE
CITY; PROVIDING PENALTIES FOR VIOLATIONS THEREOF;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: DECLARATION OF PURPOSE. The City Commission of the
City of Miami Beach enacts the following measure for the
purpose of regulating the possession of weapons and firearms. The
Commission is advised by the Miami Beach Police Department that fire-
arms should not be permitted to be carried in an assembled, readily
accessible and loaded condition in motor vehicles, because such firearms
are often used suddenly as a result of traffic accidents or other
spontaneous altercations. In addition, the City Commission is informed
by the Miami Beach Police Department that individuals have been found
by the Police Department carrying loaded pistols, shotguns, rifles,
automatic weapons, or other similar firearms in their vehicles or on
their persons, and that existing City laws do not clearly prohibit such
conduct. This measure is therefore designed as a restriction on the
possession and carrying of firearms, and is intended to supplement
rather than repeal existing consistent City Code provisions governing
weapons and firearms.
SECTION 2: DEFINITIONS.
(a) Unless otherwise indicated, the term "Firearm" shall
mean any revolver, pistol, autoloading pistol, modified rifle or shot-
gun, or weapon (including a starter gun), which will, or is designed to,
or may readily be converted to, expel a projectile by the action of an
explosive; the frame or receiver of any such weapon; any firearm muffler
or firearm silencer; any destructive device; any machine gun or any gun
originally designed or altered to be used by one hand having a barrel
length of less than sixteen inches, and an overall length of less than
twenty-six and one-half inches, but the word firearm shall not be con-
strued to mean guns that do not use self-contained cartridges. The
term "firearm" shall not include an antique firearm.
(b) "Weapon" means any dirk, metallic knuckles, slingshot,
billy, tear gas gun, chemical weapon or device, electric weapon or
device, or any other deadly weapon except a firearm or a common pocket-
knife.
(c) "Electric weapon or device" means any device which,
through the application or use of electrical current, is designed,
redesigned, used, or intended to be used for offensive or defensive
purposes, the destruction of life, or the infliction of injury.
(d) "Tear gas gun," "chemical weapon," or "device" shall
apply to all weapons of such nature except those designed to be carried
in a handbag or pants or coat pocket or designed as a pocket pencil or
pen and containing not more than one-half ounce of chemical.
(e) "Destructive device" means any explosive, incendiary,
or poison gas bomb, grenade, mine, rocket, missile, or similar device;
and includes any type of weapon which will, or is designed to, or may
readily be converted to, expel a projectile by the action of any
explosive and has a barrel with a bore of one-half inch or more in
diameter and ammunition for such destructive devices, but not including
shotgun shells or any other ammunition designed for use in a firearm
other than a destructive device. "Destructive device" shall not
include:
OFFICE OP THE CITU ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH. FLORIDA 33130
(a) A device which is not designed, redesigned, used, or
intended for use as a weapon;
(b) Any device, although originally designed as a weapon,
which is redesigned so that it may be used solely as a signaling,
line -throwing, safety, or similar device;
(c) Any shotgun other than a short -barreled shotgun; or
(d) Any nonautomatic rifle (other than a short -barreled
rifle) generally recognized or particularly suitable for use for
the hunting of big game.
SECTION 3: POSSESSION OF FIREARMS: It shall be unlawful for any
person to have in his possession in this City any firearm,
as defined above, unless said firearm is in compliance with §25-109
et. seg. Miami Beach City Code.
SECTION 4: CARRYING OF FIREARMS AND OTHER WEAPONS. It shall be
unlawful for any person to carry on his immediate person,
whether concealed or othewise, any firearm as defined above, or to
conceal under his clothing or about his person, or to display in a
threatening manner, any firearm or other lethal weapon including but
not limited to bowie knives, daggers, machetes, blackjacks, or switch-
blades; provided however that this section shall not apply to persons
licensed or permitted by any governmental entity to carry firearms or
other weapons on or about their persons, and persons excepted herein
under Section 6.
SECTION 5: POSSESSION OF FIREARMS -MOTOR VEHICLES. It shall be unlaw-
ful for any person to carry within any vehicle in the City
of Miami Beach a firearm, as defined above, unless said firearm: (a) is
properly registered with the Miami Beach Police Department, or; (b) the
person possessing the firearm possesses a valid permit to do so from
Dade County or a State or Federal agency; (c) the firearm is disassembled
and unloaded, or; (d) the firearm is securely locked within the glove
compartment, trunk or other locked compartment within the vehicle.
SECTION 6: EXCEPTIONS. This Ordinance shall not apply to officers of
the Miami Beach Police Department or other authorized local
City, County, State or Federal law enforcement personnel. This Ordinance
shall not apply to persons situated within their own homes or within
their own place of business where there is a reasonable need to possess
firearms or other weapons for purposes of self-defense.
SECTION 7: EFFECT ON OTHER LAWS. The provisions of this Ordinance
shall be cumulative and additional to any and all other
State, County, and Miami Beach laws governing the possession and use
of firearms; the provisions of this Ordinance shall repeal, those
Miami Beach Code provisions inconsistent herewith.
SECTION 8: SEVERABILITY. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent pro-
vision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 9: EFFECTIVE DATE AND DURATION. This Ordinance is enacted
to take effect upon -enactment in accordance with law.
FORM APPROVED PASSED and ADOPTED this
9AL DEPT.
By,
Doi ('‘912Z)i
X
SG/rr
18th day of
March
, 1981.
1st Reading - February 18, 1981
2nd Reading - March 18, 1981
2 -
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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